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December 14, 2003
Bill Moyers on Federal Preemption ot State Consumer Protection Bill Moyer's NOW has had the first real coverage of a very important consumer protection issue that I work on: the problem of the federal government preempting state consumer protection law. The spam legislation that just passed, for instance, could be seen as a spam legalization law, as it preempted California's much more stringent protections. In a way, the bill is spam protection legislation. It sets out standards that actually give spam advertising more protection than other forms of marketing. In the context of financial services, the Office of the Comptroller of the Currency is trying to stop state AGs from enforcing laws against national banks or their subsidiaries! For more information, see OCC Watch and the comments written by EPIC in opposition to preemption of state enforcement. The full transcript of Moyers show is online: MOYERS: Something is going on here because the see-saw is moving SPITZER: That's right. There has been historically this huge Now, suddenly it appears they've changed their tune and they're [...] MOYERS: You're asking for tougher measures than Washington wants to SPITZER: Yes. MOYERS: I mean, it is… SPITZER: But also just trying to enforce the law that's been there MOYERS: It is a strange and brave new world when liberal Democrats SPITZER: It is… MOYERS: …federal… SPITZER: I don't use the word states' rights. Because I still think MOYERS: Elliot Spitzer, the Attorney General of New York, thank you SPITZER: Thank you so much. States should move forward to assert their rights. However, moving against the federal government is apparently seen as blasphemy in an irrational way, and that ridiculousness should be overcome. The federal government has the power to maintain a good balance between states and itself, so there should be no worry that a little resistance to get federal policy back in line is going to hurt the system. I'm surprised that Washington still allows the use of the word "federal" at this point; state leaders should remember why the word is used. Posted by: Adrian Pritchett at December 14, 2003 01:11 PMThe trend to pass federal legislation that, rather than setting a minimum standard, is setting a maximum standard, makes the role of states (and those who are elected/appointed to office in them) impotent. The transcript (strongly recommend reading it in its entirety)notes similar efforts underway in environmental regulation. And the trend towards "deregulation" in the utility and financial services industries, regulations that were implemented during FDR's admin. to provide barriers to protect consumers, has only lead to serious harm to those end users. It doesn't take a rocket scientist to read between the lines and determine whose interests are being represented. Posted by: at December 14, 2003 02:44 PMhighest quality replica jewelry Rolex watch, wrist watch, Replica Watch purchase your affordable realistic Rolex replica watch today at http://www.pro-rolex-replica-watches.com Posted by: Rolex Replica at December 7, 2004 01:06 AMPost a comment
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